Arbitration as a Method of Adjudication of Industrial Disputes: An Analysis
by Amrut Anil Joshi† and Anand Ratnakar Pai††
Industrial Tribunal
Temporary, seasonal or short-term employment does not amount to unfair labour practice; Allahabad High Court denies relief to workman
Allahabad High Court said that it is not possible to hold that temporary employment for every seasonal increase in industrial activities as an unfair labour practice.
[POSH Act] Delhi Court directs costs of Rs 50,000 to Standard Chartered Bank for non-compliance of provisions by its Internal Complaints Committee
Delhi Court observed that it is crucial for Delhi Commission for Women to focus on substantive actions rather than superficial gestures just for the sake of publicity and bringing the name in newspaper or to find fault in the other institution when equal responsibility lies with them also.
Workmen won’t be estopped from challenging retrenchment order if employer does not follow S. 25-F of Industrial Disputes Act: Jammu and Kashmir and Ladakh HC
Jammu and Kashmir and Ladakh High Court stated that workmen can challenge their retrenchment order even after accepting retrenchment amount in case their employer has not followed the mandate of S. 25-F of Industrial Disputes Act, 1947
Bombay High Court dismisses petition by Air India Employees Union alleging their ‘right to occupy’ allotted accommodations after privatization
Bombay High Court observed that if such a small number of employees continue to hold on to the accommodations, the AIAHCL will not be able to monetize the land to reduce the burden of debt AIL put on it.
Supreme Court| Principal employer cannot be directed to absorb contractual workers in absence of notification prohibiting contract labour, or allegations of contract being sham
Supreme Court reiterated that, in absence of any notification under S.10 of CLRA Act, 1970 and any allegations that the contract was sham and camouflage, the Courts cannot direct the principal employer to absorb contractual workers as employees
Whether S. 5 Limitation Act, 1963 apply to appeals under S. 18 of POSH Act, 2013? Delhi High Court answers
Delhi High Court: C Hari Shankar, J. opined that Section 5 of the Limitation Act, 1963 will apply in respect
Is dismissal from service per se an unfair labour practice for being disproportionate to the misconduct proved? Supreme Court answers
Supreme Court: While hearing the appeal filed by Maharashtra SRTC, the Division Bench comprising of M. R. Shah* and B. V. Nagarathna,
HP HC | Whether ‘Appropriate Government’ can while exercising powers under S.10(1) of ID Act decline reference to Tribunal on the ground of delay, stale claim or faded/eclipsed dispute; larger bench to decide
Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ., while deciding the present matter challenging
Del HC | If a petition involving industrial dispute has no ‘exceptional circumstances ‘ but does have statutory remedy available, can it still be entertained by Court? HC discusses SC’s principles
Delhi High Court: J.R. Midha, J., while addressing the present petition observed the principle laid down by the Supreme Court of India with
Jhar HC | Industrial Tribunal cannot go beyond the terms of reference to pass an award
Jharkhand High Court: Rajesh Kumar, J., modified the order passed by the tribunal to the extent that relief granted by the Tribunal is
Petitioner though reinstated cannot be permitted to continue his services for failure to show 240 days of continuous service; order of Tribunal upheld: Punjab and Haryana HC
Punjab and Haryana High Court: A Single Judge Bench comprising of Shekher Dhawan, J., dealt with a petition filed under Article 226